Mbe - Criminal Law

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Actus Reus

Back 1

voluntary act (physical) or failure to act causing criminally proscribed result

failure to act: duty imposed by statute, K, special relationship, detrimental undertaking, causation

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Mens Rea

Back 2

guilty mind or legally proscribed mental state (none needed for SL crimes)

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Specific Intent Crimes (FIAT)

Back 3

subjective desire, specific objective or knowledge to accomplish prohibited result

First Degree Murder

Inchoate Offenses

Assault w/intent to commit battery

Theft Offenses

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Malice Crimes

Back 4

Reckless disregard of high risk of harm, only needs criminal act w/o excuse/justification (intent inferred by accomplishment of act)

Common Law Murder, Arson

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General Intent Crimes

Back 5

Require intent (know/reck/negligently) to perform an unlawful act

Transferred Intent - homicide, battery, arson

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Model Penal Code

Back 6

Purposely - conscious objective to engage in conduct/cause a result

Knowingly/willfully - aware/knows result is practically certain to occur based on conduct

Recklessly - acts w/conscious disregard of substantial/unjustifiable risk

Negligently - should be aware of substantial/unjustifiable risk that material element of crime exists/will result from conduct (gross deviation from standard of care)

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Strict Liability Crimes

Back 7

No mens rea, proof of actus reus sufficient (generally disfavored w/o clear leg. intent to dispense of the mens rea element)

Statutory rape, bigamy, regulation of food/drugs

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Vicarious Liability

Back 8

No actus reus, mens rea sufficient (punishment limited to fines for regulatory crimes)

Corporations may be VL when act performed by high ranking agent who likely represents corp. policy

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Causation

Back 9

D's act must cause the particular result made unlawful by statute

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Mistake as a Defense

(2 kinds)

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Mistake of fact: negates criminal intent if honest. Defense to specific intent (FIAT) even if unreasonable. Defense to general intent/malice only if reasonable.

Mistake of law: only valid if reliance on ct. decision/interpretation, statutory definition for malum prohibitum (evil in itself/per se) crime not available before conduct, or honestly held mistake of law negates req'd intent.

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Parties to Crime

Back 11

Principal - person whose acts/omissions are the actus reus of crime (actually/constructively present @ scene of crime)

Accomplice - aids/abets principal prior/during crime w/intent that crime be committed

Accessory after the fact - aids/assits felon to avoid apprehension or conviction after felony committed. (must know felony committed & only liable for separate crime - harboring/obstructing)

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Accomplice Liability

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Accessory before the fact: neither physically/constructively present during crime but possesses the requisite intent.

Principal in 2nd degree: physically/constructively present during commission of crime. Responsible for crime & all natural/probable consequences (w/draw - repudiate prior to aid, do all possible to countermand prior assistance before chain of events in motion)

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Insanity Tests (4)

D.I.M.M.

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ALL NEED MENTAL DEFECT/DISEASE

Durham: unlawful act was product of mental disease/defect ("but-for") ; Irresistible Impulse: lacked capacity for self-control/free choice (inability to conform conduct to the law); M'Naghten: didn't know nature/quality of act or wrongfulness (right from wrong); MPC: @ time of conduct, lacked substantial capacity to appreciate wrongfulness/conform to law

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Intoxication (2 kinds)

Back 14

Voluntary: intentional taking of know intoxicating substance (need not intend intoxication) Defense to SI crimes if prevents req'd intent

Involuntary: taken w/o knowledge of intoxicating nature or under duress (negates intent for GI, SI or malice crimes)

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COMMON LAW MURDER

Back 15

unlawful killing of another human being committed w/malice aforethought

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4 Kinds of Malice

(CL Murder)

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Intent to Kill - conduct that is legal cause of death + intent to kill

Intent to do Serious bodily injury: SBI + unintentional killing

Reckless Indifference to Human Life (Depraved Heart): results from reckless indifference to an unjustifiably high risk to human life + unintentional killing

Intent to commit a felony: proximately caused by/during commission/attempt of an inherently dangerous felony + unintentional killing (FM)

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Felony Murder Rule (FMR)

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Unintended & foreseeable killing proximately caused by/during inherently dangerous felony.

Must be guilty of underlying felony, bystander death falls under FMR if direct consequence of felony (not liable for co-felon's death by vicitm/police) - does not encompass death after flight from crime scene.

BARRK - burglary, arson, robbery, rape, kidnapping

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Statutory Murder

Back 18

1st Degree: deliberate/premeditated (after forming intent to kill had time for reflection/cool off period) or FMR (specific intent)

2nd Degree: necessary malicious intent (CL murder) or default category if not 1st degree (malice crime)

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Voluntary Manslaughter

Back 19

"Heat of Passion" - murder committed in response to situation that would inflame a RP (usually not words). If sufficient time b/t provocation & killing - murder not mitigated to manslaughter

NOT A DEFENSE - but can reduce murder to VM

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Involuntary Manslaughter

Back 20

unintentional homicide committed w/criminal negligence or during unlawful act

Criminal Negligence: grossly neg. action putting another person @ sig. risk of serious injury/death

Unlawful Act: malum in se misdemeanor (assault, battery). Killing in felony that isn't 1st or 2nd.

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Larceny

Back 21

The trespassory taking or carrying away of personal property of another w/the specific intent to permanently deprive owner of property.

Larceny by trick: obtaining possession of, but not title to, property owned by another through fraud or deceit w/intent to convert the property.

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Forgery

Back 22

The fraudulent making of a false writing w/apparent legal significance w/intent to defraud.

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Embezzlement

Back 23

The fraudulent conversion of property of another by person in lawful possession of property

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False Pretenses

Back 24

Obtaining title to property of another person thru reliance of that person on known false representation of material (past/present) fact and the representation was made w/intent to defraud.

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Robbery

Back 25

Larceny + Assault

The trespassory taking or carrying away of personal property of another w/the specific intent to permanently deprive owner of property from the person or presence of the victim by force or intimidation.

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Extortion

Back 26

The taking of money/property from another by threat (need not be physical or immediate). Property need not be on person/presence.

Threat = essence of the crime (maj view)

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Burglary

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CL: breaking and entering of the dwelling of another @ nighttime w/specific intent to commit a felony therein.

Modern: no need to be @ night or a dwelling (commercial properties count too)

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Arson

Back 28

The malicious burning of the dwelling of another

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Possession Offenses

Back 29

D exercises dominion/control over a prohibited object/substance (awareness of illegal possession not req'd)

Duration of possession: must be period longer enough to have provided D w/opportunity to cease dominion/control.

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Receipt of Stolen Goods

Back 30

Receiving control of stolen property w/knowledge that it is stole & intent to permanently deprive owner of property.

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Battery

Back 31

The unlawful application of force to another person that causes bodily harm to that person or constitutes an offensive touching

Mayhem: CL felony battery that causes dismemberment or permanent disfigurement of a person.

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Assault

Back 32

An attempt to commit a battery or intentionally placing another in apprehension of imminent bodily harm

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Kidnapping

Back 33

The unlawful confinement of a person against their will coupled w/either movement or hiding of that person.

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False Imprisonment

Back 34

The unlawful confinement of a person w/o consent

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Rape

Back 35

The unlawful sexual intercourse w/a female against her will by force or threat of immediate force.

Modern Trend: no force required & intent negated if reasonable belief lack of resistance was consent.

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Inchoate Crimes (FIAT - specific intent)

Back 36

Solicitation, Conspiracy, Attempt

Merger: D may be tried (not punished) for solicitation/attempt & the completed crime. Conspiracy DOES NOT MERGE w/COMPLETED CRIME

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Solicitation

Back 37

enticing/encouraging/commanding another person to commit a crime w/intent that other person commits crime. (MERGES)

Renunciation: voluntary renunciation may be defense if D thwarts commission of solicited crime

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Conspiracy

Back 38

An agreement between 2 or more persons to accomplish an unlawful purpose w/intent to accomplish that purpose. Conspirator liable for conspiracy & co-conspirators' crimes in furtherance (Pinkerton Rule)

Overt Act: @ CL, not required. Modern/federal/MPC - req overt act in furtherance of conspiracy

W/drawal: Federal/Maj: possible b/t date of agreement & commission but must give co-conspirator's notice or tell police. MPC/Min - OK only if notice allows police to thwart success of conspiracy.

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Attempt

Back 39

A substantial step toward commission of crime (beyond mere prep) coupled w/specific intent to commit the crime. (MERGES)

Factual impossibility NOT a defense. Abandonment NOT defense after steps taken.